JF Pacific Liners - Agreement for Monterey Street Storm Drain Lining ProjectP . I
SECTION 00500
AGREEMENT
Monterey Street Storm Drain Lining Project, Project No. 05 -CDD -106
THIS AGREEMENT, made this /g day of &,L--IZ) be r- , a, by
and between the City of Gilroy , hereinafter called the "City," and JP Pacific Liners, Inc.,
hereinafter called the "Contractor."
WITNESSETH:
WHEREAS, the City has caused the Contract Documents to be prepared
comprised of bidding and contract requirements and technical specifications and drawings for the
construction of the Monterey Street Storm Drain Lining Project, Project No. 05 -CDD -106, as
described therein, and
WHEREAS, the Contractor has offered to perform the proposed work in
accordance with the terms of the Contract Documents.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the parties herein contained and to be performed, the City and Contractor agree as follows:
Article 1. Work.
Contractor shall complete the Work as specified or indicated in the Contract Documents.
Article 2. Contract Time.
The Work shall be completed by the Contractor in accordance with the Contract Documents
within the time period required by Paragraph 00810 -2.0, Time Allowed for Completion, subject
to extension as expressly provided in the Contract Documents.
Article 3. Liquidated Damages.
THE CITY AND THE CONTRACTOR RECOGNIZE THAT THE CITY WILL SUFFER
SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF
THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED
Monterey Street Storm Drain Lining Project, Project No. 05 -CDD -106
SECTION 00500 -1
IN THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR HEREBY
ACKNOWLEDGE AND AGREE THAT THE DAMAGES AND FINANCIAL LOSS
SUSTAINED AS A RESULT OF ANY SUCH DELAYS IN PERFORMANCE WILL BE
EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. THEREFORE,
THE CITY AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH
DELAYS IN PERFORMANCE, THE CITY SHALL BE ENTITLED TO
COMPENSATION BY WAY OF LIQUIDATED DAMAGES (AND NOT PENALTY)
FOR THE DETRIMENT RESULTING THEREFROM IN ACCORDANCE WITH
PARAGRAPH 00700 -6.5, LIQUIDATED DAMAGES, OF THE CONTRACT
DOCUMENTS. THE CITY AND THE CONTRACTOR FURTHER AGREE THAT THE
AMOUNTS DESIGNATED AS LIQUIDATED DAMAGES ARE A REASONABLE
ESTIMATE OF THE CITY'S DAMAGES AND FINANCIAL LOSS IN THE EVENT OF
ANY SUCH DELAYS IN PERFORMANCE CONSIDERING ALL OF THE
CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT,
INCLUDING THE RELATIONSHIP OF SUCH AMOUNTS TO THE RANGE OF
HARM TO THE CITY WHICH REASONABLY COULD BE ANTICIPATED AS OF
THE DATE OF THIS AGREEMENT AND THE EXPECTATION THAT PROOF OF
ACTUAL DAMAGES WOULD BE EXTREMELY DIFFICULT AND IMPRACTICAL.
BY INITIALING THIS PARAGRAPH BELOW, THE PARTIES HERETO SIGNIFY
THEIR APPROV --. CONSENT TO THE TERr4S OF THIS ARTICLE 3.
Citv'Y itia ,s Contractors Initials
Akltgle 4,- Contract Price.
In consideration of the Contractors performance of the Work in accordance with the Contract
Documents, the City shall pay the Contract Price set forth in the Contract Documents.
Article 5. Contract Documents.
The Contract Documents which comprise the entire agreement between City and Contractor
concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and
the following, all of which are hereby incorporated into this Agreement by reference with the
same force and effect as if set forth in full.
Notice to Prospective Bidders
Instructions to Bidders
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Monterey Street Storm Drain Lining Project, Project No. 05 -CDD -106 SECTION 00500 -2
Acknowledgements
Performance Bond
Payment Bond
City of Gilroy Specifications
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications
Technical Specifications
Drawings
Addenda, if any
Executed Change Orders, if any
Notice of Award
Notice to Proceed
Article 6. Miscellaneous.
Capitalized terms used in this Agreement which are defined in Section 01090, References, of the
Contract Documents will have the meanings set forth in Section 01090, References.
Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the
Contract Documents without the prior written consent of the City, which consent may be
withheld by the City in its sole discretion. No assignment by the Contractor of any rights,
obligations, duties or responsibilities under or interests in the Contract Documents will be binding
on the City without the prior written consent of the City (which consent may be withheld in City's
sole discretion); and specifically but without limitation monies that may become due and monies
that are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, executed by the City, no assignment will release or discharge the
assignor from any liability, duty, obligation, or responsibility under the Contract Documents.
Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns. Nothing contained in the
Contract Documents shall in any way constitute a personal obligation of or impose any personal
liability on any employees, officers, directors, agents or representatives of the City or its successor
and assigns.
In accordance with California Business and Professions Code Section 7030, the Contractor is
required by law to be licensed and regulated by the Contractors' State License Board which has
jurisdiction to investigate complaints against Contractors if a complaint regarding a patent act or
omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of
Monterey Street Storm Drain Lining Project, Project No. 05 -CDD -106 SECTION 00500 -3
i
the alleged violation. Any questions concerning the Contractor may be referred to the Registrar,
Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.
lj �
IN WITNESS WBEREOF, this agreement has been executed on this If day of
&A-a w", , 2-0c Y
JF Pacific Liners, Inc.
Name of Contractor
d, OV4
qmm POOP
of • •
Kenneth C. Detrick
Vice President
Title of Signator
ATTEST:
77�
Signature
Donna Fox, Secretary
Title of Signator
Approved as to form:
City Attorney
Signature of
Title of Signator
ATT�ST:
i
Signature
Title of ignator
** *END OF SECTION * **
Monterey Street Storm Drain Leung Project, Project No. 05 -CDD -106
SECTION 00500 -4
City of Gilroy
Engineering Division
7351 Rosanna St., Gilroy, CA 95020
Phone (408) 846 -0450; Fax (408) 846 -0429
CHANGE ORDER NO. 1
To contract for: Monterey Street Storm Drain Lining Project Project No. 05 -CDD -106
Contractor: JF Pacific Liners Contract Date: 10/18/2004
This order shall become effective when it has been signed by the City Administrator, City Engineer,
Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to
The City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned
to him as his authority to proceed with the work.
Description of Work
One third the cost of material for 30" liner
$2,533.90
All requirements of the original Contract Documents shall apply to the above work except as specifically
modified by this Change Order. The contract time shall not extend unless expressly provided for in this
Change Order.
Cost
I (We) agree to make the above change Original Contract Price $54,835.00
subject to the terms of this Change Order Previous Change Orders to Date $0.00
for the NET INCREASE of $2,533.90 Total to Date $54,835.00
This Change Order $2,533.90
Total Change Orders to Date $2,533.90
Revised Contract Price $57,368.90
Contra r *Requires emergency authorization if greater than 25 %.
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Percentage
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Project Engineer Date
City of Gilroy
Engineering Division
7351 Rosanna St., Gilroy, CA 95020
Phone (408) 846 -0450; Fax (408) 846 -0429
CHANGE ORDER NO. 2
To contract for : Monterey Street Storm Drain Lining Project Project No. 05 -CDD -106
Contractor: JF Pacific Liners
Contract Date: 10/18/2004
This order shall become effective when it has been signed by the City Administrator, City Engineer,
Project Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to
The City of Gilroy properly filled out. Upon acceptance by the City, the Contractor's copy will be returned
to him as his authority to proceed with the work.
Description of Work (Balancing Chan eg Order)
Additional 10.5 ft. storm drain lining
One less lateral reconnection (from 6 to 5)
$904.49
- $200.00
$704.49
All requirements of the original Contract Documents shall apply to the above work except as specifically
modified by this Change Order. The contract time shall not extend unless expressly provided for in this
Change Order.
Cost Percentage
I (We) agree to make the above change Original Contract Price $54,835.00
subject to the terms of this Change Order Previous Change Orders to Date $2,533.90 5%
for the NET INCREASE of $704.49 Total to Date $57,368.90
This Change Order $704.49
Total Change Orders to Date $3,238.39 6%
Revised Contract Price $58,073.39
Contractor *Requires emergency authorization if greater than 25 %.
Date: S� S
RECOMMENDF
ACCEPTED BY
Project Engineer Date